The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1887-08-04

The communication was referred to
the water works committee. which,
after consulting with counsel, made the
following reply, which will probably be
taken under consideration by Mr.. So
den ere he proceeds to extremes and
asks for an enforcement of the injunc-
ton:
To the Mayor and Councilman of the City of
Emporia:
On the 5th day of September, A. D.
1881, made contract with the city of
EmpOria, q copy of which is hereto at
tached, marked exhibit ''A'' for refer
ence; afterwards and On March 2, 1882,
there was a temporary arrangement
made for the period of five years. 1t
was my understanding that when the
period of five years expired, if the city
had not within the time removed the
water works from the Cottonwood river
or from above my dam as situated on
said river, and it should continue after
that time to take such water from the
Cottonwood river above my dam, it was
to take it under and by virtue of said
contract of September 5, 1881.
AS the city has refused to pay the
amount due me under and by virtue of
said contract, for the months of May
and June last, these are to notify you
that you are to take no more water
from the Cottonwood river above my
dam except for fire purposes only, I'M
less taken under and by virtue of said
contract of September S, 1881; as do
not desire to jeOpardise private interest
or property, l will permit you to take
the water for fire purposes only for
thirty days.
If the city does not notify me by
Tuesday evening, August 2, 1887, at 8
O'Clock a. m. that it accepts the terms
and conditions of said contract of Sep
temper 5, 1881, shall not after that
hour permit any water to be taken ex-
cept to extinguish a fire or for fire pur-
poses, unless in pursuance of some
new arrangement that shall be salts
factory to 10th parties.
This July 30th, 1887.
w. T. SoDEN.
To w. T. Soden, Esq:
Your communication to the city
its committee on waterwarkS, with
power to act.
In behalf of the city council we de-
sire to say: LAS is well known to you,
the city is now pushing as rapidly as
possible the work of removing the wa
terworks of the city of Emporia from
its present location to the NeoSho
river. Until such removal takes place,
as is known to you, it is an utter i'm
arrange to furnish the inhabitants of
the city with water, either for domes-
tic use or for fire protection, except
from its present source of supply. This
cannot be done in thirty days or in any
less time than the city is taking to re-
move said water works. AS is known
to you, the water works have been
constructed for several years, resulting
in the inhabitants of said city largely
accommodating themselves and their
property to continued use of water
from said water works for domestic
use without providing other means for
supplying themselves with the neces-
sary water for such use from any other
source. This is also entirely true of
the hotels, boarding houses, livery sta
bleS and other places of business. To
cut off the Emporia water works at
this time would not only be disastrous
to the material prosperity of the city,
but to the health of its inhabitants,
and result in irreparable damage
which cannot be measured by dollars
and cents. This city has a taxable
of nearly two and One-half
millions of dollars as as assessed, an
actual valuation of not less than seven
millions. and is therefore abundantly
able to respond in damages to any
amount which you can possibly sustain
prior to the removal of the water works
aforesaid.
The only difference between the city
and yourself is this matter of damages. |
4 dollar and cent damage You do not /
claim to own the water which runs over |
FOUR mill dam, but only the right to |
use so much OF 1t as you need to fully